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Wage Continuation Period in Rotterdam

Discover the 104-week wage continuation period for sick Rotterdam residents: rights, obligations and local support via District Court and Legal Counter. (118 characters)

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Wage Continuation Period in Rotterdam

The wage continuation period is the statutory period of up to 104 weeks during which employers in Rotterdam must continue paying wages to sick employees. This provides financial stability for Rotterdam residents during illness and promotes reintegration, such as returning to the port or local businesses. At the end, a WIA assessment by the UWV usually follows.

What does the wage continuation period mean for Rotterdam residents?

If you fall ill in Rotterdam, as an employee you are entitled to continued wage payment by your employer for up to two years (104 weeks). This arrangement protects against income loss and encourages recovery and return to work. Employers must not only pay but also support reintegration through local occupational health services.

The law applies to all employees with a contract in Rotterdam, unless a collective labour agreement provides otherwise. Self-employed individuals (ZZP'ers) in the city must arrange their own sick pay, for example via the Municipality of Rotterdam.

Legal basis

The core provision is Article 7:629 of the Dutch Civil Code (DCC): employers must continue paying wages during illness, unless the employee is at fault. The cost of illness falls on the employer.

Additional rules:

  • Article 7:630 DCC: Governs the precise wage components.
  • Gatekeeper Improvement Act: Requires a reintegration plan, essential for Rotterdam residents in demanding jobs like the port.
  • Article 7:658a DCC: Penalties for non-compliance, such as wage suspension or dismissal.

Collective labour agreements in Rotterdam sectors may offer more, but never less than the law requires. Check your collective agreement or the Rotterdam Legal Counter.

Duration and amount of continuation pay

The 104 weeks consist of two phases:

PhaseDurationWage PercentageMinimum
First year52 weeksAt least 70% of daily wage70% of wage on day before illness, not below minimum wage
Second year52 weeksAt least 70%, often higher per collective agreementCollective agreements in Rotterdam sometimes offer 90%

The daily wage is calculated over the previous year, including holiday pay. Holiday days do not count.

What falls outside the 104 weeks?

Maternity leave pauses the clock; probationary periods or dismissal do not.

Rights and obligations in Rotterdam

Employee

  • Right to pay: Full entitlement under law/collective agreement.
  • Right to support: Consultations with occupational physician, often via Rotterdam occupational health services.
  • Obligations: Report illness within 24 hours, cooperate with the plan, accept suitable work.

Employer

  • Right to verification: Check illness via occupational health service.
  • Obligations: Action plan within 8 weeks, notify UWV for long-term absence.

In case of breach: approach the subdistrict court of the District Court of Rotterdam. Employers risk UWV recovery up to 70% Sickness Benefits Act.

Examples from Rotterdam

Example 1: Jan from Rotterdam-South, port worker, ill with burnout on 1 January. Monthly gross salary €3,200: first year 70% (€2,240), second year the same (collective agreement). After 104 weeks, WGA via UWV.

Example 2: Marie in Kralingen refuses adapted work. Employer suspends pay (Art. 7:629 DCC). District Court of Rotterdam orders resumption.

Example 3: Short flu: full pay, still counts towards the period.

After the period in Rotterdam?

After 91 weeks, UWV notification for WIA. IVA, WGA or nothing. See WIA: WGA and IVA.

Frequently asked questions

How do I report illness in Rotterdam?

As soon as possible, max 1 day. Follow company rules; late reporting risks wage suspension.

Can an employer shorten the period?

No, minimum 104 weeks. Collective agreement may adjust, but not shorten, unless non-cooperation.

Dismissal during illness?

Prohibited in first 2 years (Art. 7:670 DCC). After 104 weeks possible with severance. Go to District Court of Rotterdam.

Temporary contract?

Yes, until end date. Then possibly Sickness Benefits via UWV.

Tips for Rotterdam residents

  1. Report in writing for proof.
  2. Keep occupational health service correspondence.
  3. Cooperate to avoid sanctions.
  4. Check payslips.
  5. For issues: Rotterdam Legal Counter for free advice.